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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Wednesday, November 12, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern Council Member STEVEN ROSANSKY Council Member DON WEBB Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's web site. The address is: http://www.city.newport - beach.ca.us/ It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact LaVonne Harkless, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD November 12, 2003 - Cancelled CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if aaulicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Lloyd H. Sellers, Hoag Memorial Hospital, Presbyterian F. PRESENTATIONS Proclamation recognizing and thanking Dan Marcheano for his contributions to the City of Newport Beach and for making a difference in our community. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — II) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name and item number, and place the sign -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER 21, 2003 AND THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 28, 2003. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. RESOLUTIONS FOR APPLICATION OF STATE PARK BOND FUNDS. 1) Adopt Resolution No. 2003 for grant funds for the Per Capita Grant Fund in the amount of $319,000; and 2) adopt Resolution No. 2003 for grant funds for the Roberti- Z'Berg- Harris Urban Open Space and Recreation Grant in the amount of $196,320. 4. RESOLUTION NO. 2003 TO ESTABLISH THE SANTA ANA RIVER CROSSING (SARX) AD HOC COMMITTEE. Adopt Resolution No. 2003 establishing the City Council Ad Hoc Committee for the Santa Ana River Crossing (SARX) and confirm the Mayor's appointment of Mayor Pro Tern Ridgeway and Council Members Rosansky and Webb to serve on the committee. 5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2003, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2004. 1) Approve Marine Avenue Business Improvement District 2003 Annual Report; and 2) adopt Resolution of Intention No. 2003 -_ and set the public hearing for December 9, 2003. 6. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2003, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2004. 1) Approve Restaurant Association Business Improvement District 2003 Annual Report; and 2) adopt Resolution of Intention No. 2003 - and set the public hearing for December 9, 2003. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS THIS ITEM LEFT BLANK INTENTIONALLY. MISCELLANEOUS ACTIONS S. APPOINTMENT BY THE MAYOR OF COUNCIL MEMBER ROSANSKY TO THE COUNCIL/CITIZENS AD HOC COMMITTEES AND THE JOINT GOVERNMENTAL COMMITTEES PREVIOUSLY HELD BY COUNCIL MEMBER PROCTOR. Confirm the appointment of Council Member Rosansky to the committees listed in the staff report as recommended by the Mayor. 9. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EgAC). Confirm Council Member Nichols' appointment of Sandra Haskell as the District 6 at -large representative to EQAC. 10. BUDGET AMENDMENT — ADDITION OF $94,000 TO THE CITY S CONTRIBUTION TOWARDS NEWPORT HARBOR HIGH SCHOOL'S SWIMMING POOL REFURBISHMENT PROJECT. Approve a budget amendment (BA -014) increasing the Newport Harbor High School Swimming Pool project account (7011- C5100716) by $94,000 from General Fund unappropriated reserves. 11. NOTICE OF VIOLATION (MS4 PERMIT) — CITY S RESPONSE TO THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION. Authorize the City Manager to sign the letter to the Regional Board. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Public Comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking, please state your name for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report —Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report — Other Committee Activities SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR NOVEMBER 6, 2003. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call-up of those items subject to call-up; and 3) Receive and file written report. N. PUBLIC HEARING 13. TABAK RESIDENCE, 3431 OCEAN BOULEVARD, VARIANCE NO. 2003 -005 AND AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 (PA2003- 180). Action: 1) Conduct public hearing; and 2) Deny the Variance and deny the Modification Permit (Council's previous action) by adopting Resolution No. 2003 - OR 3) Deny the Variance and approve the Modification Permit (Planning Commission's previous action) by adopting Resolution No. 2003 -_. O. CONTINUED BUSINESS 14. APPOINTMENT TO THE COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Action: Confirm the appointment of as Council Member Adams' appointment to the Coastal/Bay Water Quality Citizens Advisory Committee. P. CURRENT BUSINESS 15. ORDINANCE ON CABLE COMMUNICATIONS FRANCHISES. Action: 1) Introduce Ordinance No. 2003 -_ relating to Cable Communications Franchises; and 2) Pass to second reading on November 25, 2003. 16. APPROVAL OF A RESOLUTION INITIATING AMENDMENTS TO THE ZONING ORDINANCE PERTAINING TO RECOVERY FACILITIES AND NON CONFORMING DENSITY OR INTENSITY. Action: Adopt Resolution No. 2003 -_. Q. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. R. ADJOURNMENT 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.